WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

ABOUT THESE TERMS OF USE (“Terms”)

Digitonic Ltd and its group company affiliates (“we”/”our”/”us”) operates www.valuethemarkets.com (the “Site”).

These Terms set out the terms and conditions for use of this Site. By using, registering on or logging in to use this Site, you are entering into a legally binding agreement with us based on these Terms. If you do not agree to these Terms, then you must refrain from using this Site. By using this Site you agree to these terms and conditions and accept that the operators of the Site provide no warranty in respect to the operation of the Site or the information contained on the Site and accept no liability.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to our Privacy and Cookie Policy (below), which (i) sets out the Terms on which we process any personal data we collect from you, or that you provide to us, which also apply to your use of this Site; and (ii) sets out information about the cookies on this Site.

WHO WE ARE AND HOW TO CONTACT US

Digitonic Ltd is a limited company, registered in Scotland under company number SC397173 and have our registered office at 4th Floor Forsyth House, 5 Renfield Street, Glasgow, Scotland, G2 5EZ.  Our VAT number is 113042084.

If you wish to contact us, please email hello@digitonic.co.uk

WE MAY MAKE CHANGES TO THIS SITE AND THESE TERMS

We may update and change this Site from time to time to reflect our users’ needs and our business priorities. The content may be out of date from time to time, and we are under no obligation to update it except as required by law.

We may also amend these Terms from time to time. Every time you wish to use this Site, please check these Terms to ensure you understand the Terms that apply at that time.

ACCESS TO THIS SITE

This Site is made available free of charge.

We do not guarantee that this Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

We do not represent that content available on or through this Site is appropriate for use or available in any location worldwide.

This Site is not aimed at children and should not be used by minors without consent of an appropriate adult.

Access to functionality on the Site may be restricted to registered users. Where you have an account with us, you are responsible for keeping your user name and log-in details secure and confidential, and are liable for all actions on the Site under your user name.  If you discover any unauthorised use of your account you must promptly let us know. You must not transfer or sell your account or password to anyone. We reserve the right to disable any access to your account or the restricted areas from time to time without any liability to you.

INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected by copyright and other intellectual property rights, and all such rights are reserved.

Except as otherwise permitted by these Terms or under relevant law, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this Site without out permission.

You may take a single copy or download extracts of any page(s) from this Site for your personal, non-commercial use. You must not use any part of the content on this Site for commercial purposes without obtaining a licence to do so from us or our licensors.

You must not:

• modify the paper or digital copies of any materials you have printed off or downloaded in any way;

• use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;

• delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

Our status (and that of any identified contributors) as the authors of content on this Site must always be acknowledged.

If you print off, copy or download any part of this Site in breach of these Terms, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on this Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Site.

Although we make reasonable efforts to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on this Site is accurate, complete or up to date, or that this Site or the information on this Site can be used or otherwise applied to achieve a specific result or outcome.

Please refer to the disclaimer before using any content from this Site: https://www.valuethemarkets.com/disclaimer/

PROHIBITED USES

You may use this Site only for lawful purposes. You may not use this Site:

• in any way that breaches any applicable federal, state, local, national or international law or regulation;

• in any way that is unlawful, dishonest, threatening, defamatory, discriminatory or fraudulent, or has any similar purpose or effect;

• for the purpose of harming or attempting to harm minors in any way;

• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;

• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also shall not:

• use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or similar manual process, to:

  • continuously and automatically search, scrape, extract, deep link or index any content from this Site; or

• harvest personal information from this Site for purposes of sending illegal, unsolicited or unauthorized material;

• make any commercial use of this Site or any content on this Site unless otherwise permitted by these Terms or other written agreement entered into with us;

• damage, disable, overburden, impair, compromise or otherwise interfere with our systems or security, or interfere with other users;

• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of this Site or any related software;

• attempt to gain unauthorized access to the server on which this Site may run on or any server, computer or database connected to this Site;

• reproduce, duplicate, copy or re-sell any part of this Site in contravention of the provisions of these Terms; and

• cause third parties to engage in any activity that would be a breach of any obligation or restriction set out in these Terms.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where this Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those Sites or resources.

The inclusion of advertisements on this Site is not an endorsement of that sponsor or their goods or services, and we are not responsible for any losses you may incur through engagement with any sponsor advertising on this Site from time to time.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This Site may include information and materials uploaded by other users of this Site. This information and these materials have not been verified or approved by us. The views expressed by other users on this Site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on hello@digitonic.co.uk

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that this Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access this Site. You should use your own virus protection software.

You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately,  and we disclaim any liability to you as a result of such breach.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This exclusion includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

• Please note that we only provide this Site for domestic and private use. You agree not to use this Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are a business, you agree to fully indemnify us against all damages, losses and costs which Digitonic Ltd may incur due to your failure to comply with these Terms to the fullest extent permitted by law.

• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

• YOUR USE OF THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE OR ANY PERSON ASSOCIATED WITH US MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, WE OR ANYONE ASSOCIATED WITH US DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

• TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

• THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • PERSONAL INJURY

  • PAIN AND SUFFERING

  • EMOTIONAL DISTRESS

  • LOSS OF REVENUE

  • LOSS OF PROFITS

  • LOSS OF BUSINESS OR ANTICIPATED SAVINGS

  • LOSS OF USE

  • LOSS OF GOODWILL

  • LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

• ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

• You agree to defend, indemnify, and hold harmless Digitonic Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of this Site, including, but not limited to, your Contributions, any use of this Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from this Site.

IP INFRINGEMENT

If you think anything on the Site infringes your copyright, you may request removal of those materials by submitting the following information to us:

• Your signature (physical or electronic)

• Which work you believe has been infringed

• A description of the material you believe is infringing in a way that allows us to locate and identify that material

• Your accurate contact information

• A statement that you have a good faith believe that use of the copyrighted material is not authorized by the copyright owner, its agent or the law

• A statement that the information in the written notice you send is accurate

• A  statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

APPLICABLE LAW AND JURISDICTION

All matters relating to this Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or this Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

For the exclusive benefit of Digitonic and to the extent possible in the applicable jurisdiction, Digitonic will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or the country of the place of business in which you accessed our website under these terms of (if different) the country of your principal place of business. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

MISCELLANEOUS

If any provision of these Terms is unlawful, void or for any reason is unenforceable, that provision shall be enforced to the extent possible, and all other terms and provisions will continue to apply.

Any delay by us in enforcing these Terms will not constitute a waiver of our right to enforce that term or any other terms.

We may transfer or assign any of our rights or obligations under these Terms to a third party without notice and without the need for you to consent to such transfer or assignment. We will need to consent to any transfer or assignment of your rights or obligations to us.

PRIVACY AND COOKIE POLICY

We are committed to protecting and respecting your privacy. What personal data we collect, how and why we process your data, our legal basis for processing your data and your rights in relation to your data are set out in our Privacy and Cookie Policy https://www.valuethemarkets.com/privacy-policy/. We also use cookies, small data files which ask permission to be located on your computer’s hard drive, in accordance with our Privacy and Cookie Policy.